1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On April 16, 2015, the Plaintiff leased the building indicated in the attached list (hereinafter “instant building”) to Defendant B at KRW 10,000,000, monthly rent, and KRW 700,000.

The Defendants completed business registration under the name of Defendant C with regard to the building of this case, and operated a restaurant in the building of this case from that time.

B. On May 8, 2018, the Plaintiff and Defendant B concluded a new lease agreement (hereinafter “instant lease agreement”) with an increase of 9% from the rent under the said lease agreement, whereby the lease deposit was KRW 10,000,000 per month, KRW 763,00 per month, and the lease term was from April 17, 2018 to April 16, 2019 (12 months).

The terms and conditions of the instant lease agreement stipulate that “a lessee shall restore all facilities to the original state upon maturity of the contract, and the maturity of the contract under the Lease Protection Act shall be April 16, 2020.”

C. On March 27, 2019, the Plaintiff was unable to renew the instant lease agreement to Defendant B, and thus, the Plaintiff notified Defendant B of the instant building to restore it to its original state where the period expires.

On April 1, 2019, Defendant B notified the Plaintiff that the instant lease agreement was implicitly renewed, and that the term of the contract was extended by April 16, 2025 due to the amendment of the Commercial Building Lease Protection Act.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion and Defendant B concluded the instant lease agreement with no implied renewal at the time of the renewal of the instant lease agreement, and clearly stated in the special agreement as of April 16, 2020, that the lease agreement was concluded under the Lease Protection Act. Since the Plaintiff requested from January 15, 2019 to Defendant B to express his/her refusal to renew and deliver the instant lease agreement, the instant lease agreement was concluded on April 16, 2019.